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Pension Credit and backdating
Just come across a curious case and wondered if anyone has any thoughts.
Basic situation is client made PC claim but didn’t ask for three months’ backdating when it was submitted.
DWP made correct decision about entitlement (with some confusion about payment day) but when they realised they had not asked for three months’ backdating, the client got in touch again and DWP refused, saying needs to be done with initial claim.
Our adviser has submitted an MR and asked for some guidance. Now reg.19 of the C&P Regs provides:
Time for claiming benefit
(2) The prescribed time for claiming the benefits specified in paragraph (3) is three months beginning with any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the benefit concerned.
(3) The benefits to which paragraph (2) applies are—
(i) state pension credit
So provided there is an entitlement in the three month period before a claim is submitted, the prescribed time for the date of claim can be moved back three months, with no reasons required.
What is puzzling me is why the DWP are insisting that your only shot is when you submit the claim form? I can’t see that being a requirement anywhere in the reg’s and I can’t find anything in Rowland either, just a restatement of the above.
I’m definitely of the opinion they should pursue this to appeal if DWP maintain their position but am I missing something here? Any thought?
Quote their own guidance on backdating at them.
DWP have been quite clear that they will ask if the client wants backdating during the initial claim call. The latest Touchbase went as far as to encourage that PC claims submitted as late as 19/12/22 can be backdated to 19/09 to enable entitlement to the latest Cost of living payment.
Maybe they are saying ‘we would have asked, so client must have refused backdating’ :) ? Seems an absurd proposition.
Thanks. This was a paper claim form, so they were never asked. I agree their position is absurd though.
There is a question on the paper PC1 form asking if you want to apply from ‘another date’. There are no real clues on the form as to what this means. The notes that accompany the form (or at least the version I have seen) give some examples as to when this box might be used but the three months backdating ‘no questions asked’ example does not appear to be there.
Just to say that Pension Service have done the right thing now in this case and given full backdating which is some happy news.
Thanks folks.